Excelsior Correspondent
JAMMU, May 22: High Court of Jammu & Kashmir and Ladakh today upheld the detention under PSA of Murtaza Munawar, an alleged Over Ground Worker of banned terrorist organizations.
The petitioner challenged the detention order No.62/DMP/PSA/22 dated 29.06.2022, passed under Public Safety Act,1978 by the respondent on the ground that the petitioner is acting in a manner prejudicial to the security of the State.
“The perusal of the detention order and the grounds mentioned in the same reveal that the respondent–District Magistrate, Pulwama has purportedly relied upon the dossier provided by the SSP Pulwama. It is mentioned in the detention order that the petitioner is associated with various banned terrorist organizations and exploiting the religious sentiments of the people of the area and exhorting them to indulge in activities to the prejudice to the security of the State”, Justice Puneet Gupta said.
“The petitioner is extending logistic support to the terrorists as well as Over Ground Worker (OGW) of a banned terrorist organization. The petitioner was on the forefront of violent mobs, who were pelting stones on security forces. The associates of the petitioner are active in the area and could influence the petitioner for joining the militancy”, High Court said.
“If the respondent has taken into consideration the report of the SSP of the concerned area and thereafter made its own opinion for passing the detention order no illegality can be found in it. The subjective satisfaction of the respondent cannot be questioned by the court in the present petition as the subjective satisfaction recorded cannot be said to be completely unjust and unfounded”, High Court said.
“It has been held by the Supreme Court that the duty of the court is to safeguard encroachment on the life and liberty of individuals but at the same time the authorities who discharged functions under law the same should not be interfered without justification”, High Court said, adding “the grounds agitated by the counsel for the petitioner to quash the detention order are without merit as such the petition is dismissed”.
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